July 

### 31,1964

Hon. Clyde E..Smith, Jr. Opinion NO.

### c-,288 County Attorney Tyler County so Re: Whether, under Sec. 

### 6, Woodville,,.Texas ,' particle 4494 -10, V.C.S. (W.B, 

### 781,58th Leg.), the Commlseloners Court should follow the rule under Article 4479, V.C.S. andappoint hospital manDear Mr. Smith: agers for overlapping terms.

You have requested a construction of Section 

### 6,Article &494q-10, Vernon's Civil Statutes (House Bill 

### 781,58thLegislature), with reference to Article, 4479, 

### Vernon’s Civil Statutes. Article 

### 4494q-10Is a s ecial law creating a Tyler County Hospital District. Section ii thereof states in part as follows:

"The Commissioners Court shall appoint a Board of Hospital Managers, consisting of six 

### (6)members, whoshall serve for a term of two (2) ye$rs with overlappi desired

. . . Article 4479 ,ls part of a general law authorizing the c~ommissioners court of any county to establish a county hospital, andreads In part as,follower

.the commlasioners'~court shall .aipoint six resident property taxpaying El&ens of the county whosha.11constitute aboard of managers of said hospital. The term of office of each memberof said board shall be twoyears, except that In making the first appointments after this Act takes effeet three,members shall be appointed for one year andthree membersfor two years so that thereafter three membersof said boaf;d will be ,appointed every twoyears. . . .


### -1378-Hon. Clyde E. Smith, Jr., page 2 

### (c-288)

Under the special law passed for Tyler County, a hospital district is being set up andyour question is: flMustthe Commissioners Court follow the overlapping term provision of the general law in making Its first appointments?”

Therule for construing general and special laws together Is stated In 

### 53Tex.Jur.2d 232, Statutes, 8

### 161,as follows:

“In case of conflict between a general provision and a special provision dealing with the samesubject, the former Is controlled or limited by the latter, since a specific statute more clearly evidences the intention of the legislature than a general one; andthis Is so whether the ~provisions in question are contained in the sameact or In different enactments.

. . .” In the case of Hidalga CountyWater Control and Improvement District No. 1 v. ‘Hldalgo County 

### 134SW26 

### 464 TTex.Civ.App. 1939, error ref.), it is said it page.467:

11

. .when specific provisions of the generai law, if given effect, would nullify or modify specific provisions of the special act concerning particularized rights andduties of the districts created by it, the latter provisions must prevail over those of the general law.

. ..‘I In the case of RoadDistrict No. 1, Jefferson County, v. Sellers, 142Tex. 

### 528,Tsb S.W.m44) , one of th auesti ons before the court waswhich act governed where a especial iaw for Jefferson County provided that bonds therein referred to should be payable at such time as,might be deemedmost expedient by the Commissioners Court; whereas the general law provided that generally bonds of the samecategory should be redeemable at the pleasure of the county, but not until five years after the issuance of the bonds. In holding that the special law governed, the Court said ,at page 141, in aunanimous ,declsion:

“Anexamination of the two statutes will disclose that ~theLegislature in the enactment of the /ETpecialT statute under which these bonds were’ is-med an?fconferred on the Commissioners’ Court full andunlimited power to makethe bonds payable at such time or times as maybe deemed expedient. , .whereas no such unlimited authority
-1379-Hon. Clyde E. Smith, Jr., page 3 (c-288)

was granted to the Commissioners' Court under the provisions of Article 720 /%e general statute7

. , .In our opinion there is such conflizt between the two provisions that we would not be justified in holding that the provisions of Article 720 are a licable to the bonds issued under the -speciai7act Pp here under consideration." Under the rules of construction set forth above, the special statute under which the Tyler County Hospital District is being set up does not restrict the Hospital Managers to overlapping terms and such special statute is controlling. .SUMMARY The Commissioners Court of Tyler County ma elect under the terms of Section 

### 6,Article 449$q-10, Vernon's Civil,Statutes, whether or not it shall appoint Hospital Managers with overlapping terms in the Tyler County Hospital District. Yours very truly, WAGGONER

CARR Attorney General

LCjr:ms:mkh APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman W. E. Allen Arthur Ssndlin Larry Merrlman Harry Gee APPROVED

FORTHEATTORNEX

GENERAL BY: Stanton Stone Assist&t

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